FAQ Friday!! Filing a Claim III

What rights do I lose if I fail to file a claim?

With certain limited legal exceptions, if you fail to file your claim within the Workers' Compensation Commission within the time limits allowed by law, you may be forever barred from receiving workers' compensation benefits for your injury.

For more information about filing a claim or if you have any questions about your injury, Please call 800-594-7433 or go to our website.

Stay Safe in the Water this Summer

As the warm summer weather rolls in, people of all ages will be venturing out to find a relaxing place to cool off. Many parents and kids will be rushing to the local pools and beaches to share in the refreshing environment that these locations offer. Before heading out to make a splash, make sure that everyone joining in on the fun knows the basic rules of safety.

According to the Centers for Disease Control and Prevention, about ten people die every day from unintentional drowning and of these ten, two are children aged 14 or younger. Among children ages 1 – 14, fatal drowning remains the second-leading cause of unintentional injury-related death behind motor vehicle crashes. The Centers for Disease Control and Prevention list the following as factors that influence drowning risk:

·         Lack of Swimming Ability

·         Lack of Barriers

·         Lack of Close Supervision

·         Location

·         Failure to Wear Life Jackets

·         Alcohol Use

·         Seizure Disorders

As we get ready to enjoy the warm summers here are some tips from the Centers for Disease Control and Prevention to help ensure a fun safe day at the pool or beach. First, assign a responsible adult to watch young children – these adults should focus on the children and not partake in other activities. Preschool children should be close enough to reach at all times while swimming, playing in, or around the water. Even if there is a lifeguard present, it is important to have an adult watching over the children while they are in or around the water. Second, make use of the buddy system. Third, know the local weather conditions/forecast in the area that you will be swimming in. High winds and storms are dangerous conditions, especially for swimmers. In addition to these tips, here are some more provided by the Centers for Disease Control and Prevention:

·         Seizure Disorder Safety – provide one-on-one supervision around water if you are with someone who has a seizure disorder and always make sure to wear life jackets when boating

·         Learn Cardiopulmonary Resuscitation (CPR)

·         Air-Filled or Foam Toys are not safety devices

·         Avoid alcohol

·         Don’t let swimmers hyperventilate before swimming underwater or try to hold their breath for extended periods

o   This can cause “shallow water blackout” and may result in drowning

·         Know how to prevent recreational water illnesses

                Finally, the Centers for Disease Control and Prevention address two specific areas: swimming pools at home and natural water settings. If you are swimming at a pool at home:

·         Install a four-sided pool fence that is at least 4 ft high and that separates the pool area from the house/yard

·         Keep the pool and deck areas clean and free of toys/objects

If you are at a natural water setting:

·         Use U.S. Coast Guard approved life jackets

·         Know the meaning of and obey warnings represented by colored beach flags

·         Watch for signs of rip currents and dangerous waves

o   If caught in a rip current swim parallel to shore

All the information in this post was provided by the Centers for Disease Control and Prevention. For this information and even more on Home & Recreational Safety, check out the Centers for Disease Control and Prevention: www.cdc.gov/homeandrecreationalsafety

For further information on water safety and water injuries: http://www.cdc.gov/homeandrecreationalsafety/water-safety/waterinjuries-factsheet.html

If you have questions please contact our offices today. (800) 594-7433

www.horwitzlaw.com

Have you or someone you know suffered a traumatic brain injury?

Injuries suffered as a result of a traumatic brain injury can be severe and life-altering. Immediate goals often include getting medical bills paid and covered. In addition, your traumatic brain injury attorney should help make sure you or your loved one does not suffer financially through any lost wages, and make sure the appropriate insurance company will pay for future treatment relating to your injury.

If you are considering pursuing traumatic brain injury litigation, our Chicago personal injury attorneys can help. Call us today for a free consultation. (800) 594-7433

FAQ Friday!!

We are going to do something a little different today on Frequently Asked Question Friday... 

Please send us your question(s) about Workers' Comp, Personal Injury or Nursing Home Abuse and Neglect and we will answer it right away. If you want it to be confidential, please email your question to info@horwitzlaw.com, call (800) 594-7443 or go to our website and tell us about your accident.  

"You Have a Tremendous Crew and Need to Be Applauded"

"My husband (local 75 laborer) had a bad accident at work and needed pins in his shoulder. After his accident he couldn't work so they let him go from the job. We made the mistake of not hiring Horwitz first. The attorney we hired didn't do too well and thankfully we ended up going to Horwitz Horwitz & Associates and it was the best thing we could  have done. The crew at Horwitz have done a tremendous job for my husband. Everyone needs to be applauded for their care and support towards us. They got us the checks on time and we were able to pay our bills. We have had two cases with Horwitz and they never let us down. We want to give a big thank you to Jay Luchsinger, Cliff Horwitz, Carmen Franklin, Tyler Berberich and Dulce Diaz for always calling us back and getting the job done. Don't be scared to hire an attorney, especially at Horwitz because they work for YOU and benefit the injured."
~Elizabeth, Joliet

If you have been injured please contact us at (800) 594-7433. We take action on your behalf from the first consultation. www.HorwitzLaw.com

Jury Awards Trucker $2 Million

In a case tried by Cliff Horwitz and Jay Luchsinger, a Cook County jury has awarded $2,031,513 to a 48-year-old Teamsters 705 truck driver for a knee injury which ended his career as a trucker. Before the trial, the defendant, Albertson’s, offered the Teamster $250,000 to settle the case.

The injury occurred when a forklift operator clipped a stack of pallets, one of them striking the Teamster’s right knee. The trucker worked the rest of the day and went to the hospital the next day.

After three a half years of litigation, Albertson’s finally admitted liability one week before the trial date. But the company claimed the injuries were not serious. It argued that the forklift only clipped a pallet and that the pallet only bruised the trucker’s knee. It also argued that the trucker’s knee problems were pre-existing, claiming he had chondromalacia in the injured knee.

Further, the company claimed that the trucker could have returned to his truck-driving occupation if he wanted. It further argued that after the accident, the injured trucker went into business for himself and intentionally incurred tax losses to increase his monetary damages.

Albertson’s also retained a well-known orthopedic surgeon as an expert witness who opined that the chondromalacia to the back of the knee cap pre-existed the accident. He further stated that he could improve the trucker’s condition through extensive physicial therapy.

Horwitz demonstrated through a three-hour cross-examination that the condition was caused by the accident and that it had not existed before. Further, he demonstrated that the injury led to a vicious circle of knee problems and thigh weakness that was incurable.

Albertson’s claimed that because the trucker now had his own business and had built his annual revenues $6,000 to $400,000 in just a few years, that the trucker was doing well and therefore had not suffered serious economic damage. But the trucker testified that, despite the increase in gross revenues, the business was losing money.

Horwitz called two orthopedic surgeons and a physical therapist and also introduced substantial evidence showing how hard this Local 705 Teamster worked all of his life and demonstrated that he continues to work hard and struggle to make a living.

If you have been injured please contact us at (800) 594-7433. We take action on your behalf from the first consultation. www.HorwitzLaw.com

I Got This!

Family Sues Over Boy's 2012 Drowning

Horwitz attorney Michael Carter fights for boy's family to raise awareness for pool safety.

Vicente Cardenas, 4, who drowned on June 15, 2012, in Glenview. (handout, HANDOUT / June 21, 2012) 

By Alexandra Chachkevitch, Chicago Tribune reporter
June 6, 2013

The family of a 4-year-old boy who drowned in a Glenview Park District pool nearly a year ago has filed a lawsuit against the park district, Wesley Child Care Center and the Village of Glenview.

Vicente Emmanuel Cardenas drowned at the Roosevelt Outdoor Aquatic Pool on June 15. His family accuses the agencies of negligence, according to the complaint filed May 30.

The family alleges that the child care center's employees should have known that Vicente was "a hyperactive child" and an inexperienced swimmer, and that they failed to provide proper supervision on the day of the incident.

Michael Carter, an attorney representing the Cardenas family, said his clients suffered tremendous emotional trauma and are seeking damages in excess of $10 million.

"What happened here is beyond negligence," Carter said. "You don't open a pool to kids unless you provide a safe environment for them."

Vicente, of Glenview, drowned during Wesley Child Care Center's summer camp, according to police. The pool at 2239 Fir St. is owned and operated by the Glenview Park District.

Carter said Vicente was a special-needs child who had a developmental disability and required extra care.

Stacey Wilkins, one of the attorneys representing the child care center, said she couldn't comment because of the pending litigation. But she said the center extends its sympathies to the Cardenas family.

"The safety of our students is always a first priority for Wesley," Wilkins said.

Wilkins noted that immediately after the drowning, the center stopped trips to the Roosevelt pool for its preschool camp program, which includes 2- to 5-year-old children. Only children ages 4 1/2 to 5 years in the group were allowed to go to the pool before, Wilkins said.

The Department of Children and Family Services conducted a three-month investigation, and none of the employees involved in the incident were disciplined and the center retained its license, Wilkins said.

A Glenview police investigation did not result in any charges.

Glenview Village Attorney Eric Patt said he doesn't believe the village has been properly named in the lawsuit because the village and the park district are separate governmental entities. The village doesn't control actions of the park district, Patt said.

Glenview Park District's executive director, Charles Balling, declined to respond to the lawsuit because of pending litigation.

"My thoughts continue to be with the Cardenas family," Balling said.

The complaint also gave details about the boy's life. After Vicente was born in Colombia, a paramedic found him wrapped in a blanket in a garbage can, according to the lawsuit. He lived in a foster home for 10 months until he was adopted by his parents, Vicente Cardenas and Natalia Skorupko, both Glenview residents.

"He was a miracle baby," Carter said, adding that the family hopes its case brings attention to the safety of children around water.

achachkevitch@tribune.com

Copyright © 2013 Chicago Tribune Company, LLC

Testimonial Tuesday

"I just got my mail and the check was in there – so all is well. 

I thank God it’s in there so I can get some bills paid right now. I thank you all so very much, your company has been tremendous in assisting me. I just want to thank you for calling me today. I go back to the doctor on Friday and I’ll update you on what’s going on, but I just wanted to let you know so thank you for your time and everything."

Ashley

If you have been injured please contact us at (800) 594-7433. We take action on your behalf from the first consultation. www.HorwitzLaw.com